Contract Drafting and Risk Management Training for Oil & Gas 2.0


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Contract Drafting and Risk Management Training for Oil & Gas 2.0

  1. 1. Oil & Gas IQ presents Jim Bergman VP of Learning & DevelopmentContract Draftingand Risk ManagementTraining for Oil & Gas 2.0 5-6 November, 2012 Houston, Texas, USA Discover the very best methods in oil and gas contract drafting, negotiation and clarification Whether you are an operator or contractor, major player or SME, it is essential to ensure your contracts are as reliable as possible when settling a dispute or facing a catastrophe. Attending Contract Drafting and Risk Management Training for Oil & Gas 2.0 will help you: • Develop your understanding of negotiating risk in the post-Macondo era • anage and mitigate risk through examining limitation of liability, knock for M knock and termination clauses • nderstand the risks associated with FEED, EPC, EPCIC and EPCICM contracts U • nsure your company is compliant with local content, HSE and environmental/ E pollution clauses • nderstand the challenges in international contracts and the implications on U your business • Manage project delays and damages through effective contracting Training Program Attend and earn 16 CPD Hours plus 12 months membership to the IACCM
  2. 2. This training course has been specifically designed inreaction to an in-depth industry research survey carried outby Oil Gas IQ at the beginning of the year. Having listenedto the industry we will be addressing the challenges andrequirements raised by legal professionals working withintoday’s oil and gas landscape.The program, led by the IACCM, is a truly hands-on and practical experience that will inform,challenge and equip you with the necessary skills to negotiate and build market leading oil and gascontracts.Delegates and organizations worldwide have benefitted from the training that the IACCM has offered.They understood the fundamental importance of drafting and negotiating a contract effectively inorder to mitigate risk, improve a project’s value and ensure its longevity. Whether you are a seasonedprofessional or brand new to the world of contract risk management, this course will allow you to trulyunderstand every facet of the new contract market in which oil gas organizations arerequired to work. “A good interesting seminar.” - StatoilHydroAbout IACCMThe International Association for Contract Commercial Management (IACCM) is a non-profit membership organizationfirst incorporated in 1999. The Association provides a global forum for innovation and collaboration in trading relationshipsand practices. It offers unique insights to the purpose and contribution of the contracting and relationship managementprocess in both public and private sector. The IACCM membership currently includes representatives from more than2,000 public and private sector organizations, typically those with large revenues, international interests and dealing withcomplex or high-risk contract relationships. Over 2,000 individual members in IACCM’s ranks are currently in the Oil, Gasand Petrochemical sector.Meet Your Contract Risk TrainerJim BergmanIACCM - VP Training Jim Bergman has led the development and implementation of numerous innovative contracting practices in global, leading organizations. He has nearly twenty years of experience in commercial and procurement contract development, negotiation and management, initially as a contracts attorney for Amoco. During his career, Mr. Bergman has shared his ‘in the trenches’ experiences through the development and delivery of numerous training sessions and has effectively led contract development and negotiation teams.About Oil Gas IQOil Gas IQ provides over 100 technical and strategic events across Europe, Asia, the US and the MiddleEast every year, educating almost 5,000 high-level executives annually. Through our website, enewsletter andconferences we seek to keep the industry in the know about the latest issues that affect your bottom line.Our members and delegates benefit from a culmination of 100% industry research and practical informationand tools that solve critical everyday business
  3. 3. Training ProgramEach session includes case study examples and a comprehensive practical exercise Day One November 5, 20129:00 AM Coffee Registration Integrating superior contracting practices into services andManaging risk through FEED, EPC, equipment agreementsEPCIC and EPCICM contracts • Understanding the purpose of marine and • nderstanding the scope of the various contract U transportation contracts formats - and the risks/benefits • Ensuring delivery does not become a problem • itigating the risks in the documents - both M • Defining the roles of the contracting professional internal and external regarding these contracts• electing and drafting the proper contract form S • Terms and conditions of special relevance - from force majeure to acceptance testing• rafting clauses specific to FEED, EPC, EPCIC D and other similar service contracts Managing and mitigating risk: Limitation of liability, knock forMaximizing value through drilling knock and termination clausesand wellhead services • Exclusions/Limitation of liability for Contractor • efining value in contracting D Insurance Payment securities• stablishing procedures of drafting contracts E • Supplier liability and risk assessments. for maximum value Flow-down of indemnification requirements• onducting contract value assessments - C • ‘Termination for convenience’ provisions, retention of title and other mechanisms for identification, evaluation, control methods protecting contractors in the event of client and measures bankruptcy.•Exploiting sources of value - the SOWs, • Indemnity split between operator and contractor SLAs, KPIs, terms and conditions, and overall • Indemnities under contract and their strength management in real life scenarios Creating a financial advantageCapturing greater contractual through financial terms andopportunities through multi-party remuneration modelsand joint ventures • nderstanding the primary remuneration U• Developing the business case to use a models: fixed fee, unit based and cost plus multi-party, or joint venture model •Calculating the cost attached to contract risk • Allocating risks throughout the parties, and management contractors through effective contracting •Establishing a process for identifying, tracking • Managing change orders in a joint venture and managing contract costs based contract •Anticipating the cost of cancellation/termination, • Terminating the contract and dissolving the or the non-utilization of contracted assets multi-party or joint venture relationship 5:00 PM Close of Day One
  4. 4. Training ProgramEach session includes case study examples and a comprehensive practical exercise Day Two November 6, 20129:00 AM Coffee Registration Understanding the challenges inAddressing requirements through international contractsvariations and change orders • Updating current international issues which are affecting or considered as new risks in• anaging contract variation, claims and M contracting incentives • Navigating the various laws and legal • Foreseeing and contractually addressing requirements of different countries, especially changes of circumstances through effective emerging markets contracting processes • Understanding currency exchange and tax • Developing standard contract clauses that issues protect against the exceptions, such as limit of liability provisions • Outlining entry strategies and exit strategies •Drafting and optimal litigation, arbitration/ for the contracting professional mediation, force majeure and hardship clauses Working with National OilEnsuring external compliance Companiesthrough local content, HSSE and • Understanding the overall relationship with environmental/pollution clauses NOCs• Defining compliance for both internal • Defining the risks related to liabilities, and external issues indemnities, applicable law, and other provisions•Integrating HSSE within overall contract • Complying with the NOC’s contracting and operational management processes, policies and objectives•Considering alternatives to local content • Reviewing the NOCs and their contracting provisions and strategies nuances•Understanding the impact of environmental and pollution clauses Managing project delays and damages through effectiveNegotiating risk in the post- contractingMacondo era Reviewing what • Defining the roles and responsibilities related happened in Macondo, or Deep to contract risk managementWater Horizon • Selecting the key actors and key methodologies • Determining whether this could happen again - • Understanding recoverable and non-recoverable under current contracting models delay costs in contracts where consequential• Adapting to the post-Macondo scenario through damages are excluded risk mitigation and risk allocation techniques • Utilizing tools for project risk tracking and risk • Understanding how the Macondo litigation has management. impacted risk allocation and liability for fines and penalties 5:00 PM Close of Day Two Start your learning experience at Visit our online download center with industry resources such as podcasts, articles, interviews and much more. And it’s all completely free to access!
  5. 5. Contract Drafting And Risk 5 easy ways to register Web: Web: Management Training For Oil Gas Phone: +1 800-882-8684 or +1 646-378-6026 5-6 November, 2012 Fax: +1 646-378-6025 Houston, Texas, USA Email: Registration Form Post: IQPC, 535 5th Avenue, 8th Floor, New York, To speed registration, please provide the priority code located on the mailing label or in the box below. NY 10017, USA My registration code is PDFW Please contact our database manager on +44(0) 207 368 9300 or at TEAM DISCOUNTS quoting the registration code above to inform us of any changes or to remove your details. IQPC recognises the value of learning in teams. Groups of 3 or more booking at the same time from the same company receive a 10% discount. 5 or more receive a 15% discount. 7 receive a 20% discount. Only one discount available per person. Team discounts are not applicable in conjunction with another discount. FREE ONLINE RESOURCE You will now find a variety of resources such as articles, news, podcasts and presentations available online. Many of these features are exclusive to IQPC so visit today and learn something new for free. Pricing and Discounts VENUE INFORMATION Register pay by Register pay by Venue: Venue TBC Package September 7, 2012* October 5, 2012* Standard Price ACCOMMODATION: Accommodation: Travel and accommodation are not included in the reg­stration fee. For updates on the venue and accommodation i information, please visit Save $300 Save $200 Two Day Course c $3,999 $3,699 $3,799 c Tick the box if you would not like to receive 12 months membership to the IACCM, deducts $150 from the price * All ‘Early Bird’ Discounts require payment at time of registration and before the cut-off date in order to receive any discount. Any other discounts offered by IQPC (including team discounts) also require payment at time of registration. Discount offers cannot be combined with any other offer. CT residents or people employed in the state of CT must add 6% sales tax. Delegate Information DELEGATE: Mr c Mrs c Miss c Ms c Dr c Other c First Name Family Name Position Email Organization TERMS CONDITIONS Please read the information listed below as each booking is subject to IQPC Ltd standard terms and conditions. Address Payment terms: Upon completion and return of the registration form, full payment is required no later than 5 business days from the date of invoice. Payment of invoices by means other than by credit card or purchase order (UK Plc and UK government bodies only) will be subject to a $99 processing fee per delegate. Tel Fax Payment must be received prior to the conference date. We reserve the right to refuse admission to the conference if payment has not been received. IQPC Cancellation, Postponement and Substitution Policy: You may substitute Approving Manager delegates at any time by providing reasonable advance notice to IQPC. For any cancellations received in writing not less than eight (8) days prior to the conference, you will receive a 90% credit to be used at another IQPC conference which must occur within one year from the date of issuance of such credit. An administration fee of 10% of the contract fee will be retained by IQPC for all permitted cancellations. No credit will be issued for any cancellations occurring within seven (7) days Signature (inclusive) of the conference. In the event that IQPC cancels an event for any reason, I agree to IQPC’s cancellation and payment terms you will receive a credit for 100% of the contract fee paid. You may use this credit for another IQPC event to be mutually agreed with IQPC, which must occur within one year from the date of cancellation. In the event that IQPC postpones an event for any reason and the delegate is unable or unwilling to attend in on the rescheduled Payment Methods Total price for your organization (Add total of all individuals attending): date, you will receive a credit for 100% of the contract fee paid. You may use this credit for another IQPC event to be mutually agreed with IQPC, which must occur within one year from the date of postponement. Except as specified above, Card Type: VISA c M/C c AMEX c no credits will be issued for cancellations. There are no refunds given under any circumstances. IQPC is not responsible for any loss or damage as a result of Card Number:c c c c c c c c c c c c c c c c a substitution, alteration or cancellation/postponement of an event. IQPC shall assume no liability whatsoever in the event this conference is cancelled, rescheduled or postponed due to a fortuitous event, Act of God, unforeseen occurrence or any Exp. Date: c c c c Sec:c c c c other event that renders performance of this conference impracticable, illegal or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labour strike, extreme weather or other emergency. Please Name On Card: Signature: note that while speakers and topics were confirmed at the time of publishing, circumstances beyond the control of the organizers may necessitate substitutions, Billing Address (if different from above): alterations or cancellations of the speakers and/or topics. As such, IQPC reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to you whatsoever. Any substitutions or alterations will be updated on our web page as soon as possible. City/County/Postcode Discounts: All ‘Early Bird’ Discounts require payment at time of registration and before the cut-off date in order to receive any discount. Any discounts offeredConference Code: 20762.002 by IQPC (including Team Discounts) require payment at the time of registration. Cheque enclosed for: $ Discount offers cannot be combined with any other offer. (Made payable to IQPC Ltd.) Data protection: Personal data is gathered in accordance with the Data Protection Bank account details Act 1998. Your details may be passed to other companies who wish to communicate with you offers related to your business activities. If you do not wish to receive EFT OR WIRE TRANSFER: JPMorgan Chase Penton Learning Systems LLC dba IQPC: 957-097239 ABA/Routing #:021000021 these offers, please tick the box below. Ref: Please include name of the attendee(s) and the conference code 20762.002 Please do not pass my information to any third party c PAYMENT MUST BE RECEIVED PRIOR TO THE CONFERENCE ©IQPC Ltd. 2012 UK VAT registration no. GB 799 2259 67